Dv case - advice
Faiyaz Momin
(Querist) 11 December 2013
This query is : Resolved
My wife has filed a DV case against me & 5 other members of my family (Myself,Father,Brother-in-law,1 Unmarried Sister, 2 Married sister) . The case was filed on 24 June 2013 and till date it was in pending status of Notice to be Issued. My 2 married sisters were left to receive the summons for the next court date ordered on 04 Jan 2014. 2 day dated 11 Dec 2013 they too have received the summons.Now all 6 have them received the summons.
Points to get clarifications are as below:
1)What will happen on the next court date?
2) As discussed with my lawyer, he is suggesting to file a RCR / case against my wife at my native place district court, which will make my case strong, and force her to come back and settle down.
a)Will this be the right step to take forward? b) Will filing a case make my DV case strong, to fight further 6) what will be the advantages & disvantages after filing a case.
Please help me with further clarification to take a right step
Nadeem Qureshi
(Expert) 11 December 2013
Dear Querist
if you want to live with her then you should filed RCR otherwise not, it will be better to fight DV case on merit.
Rajendra K Goyal
(Expert) 11 December 2013
Defend yourself on merits on DV case.
V R SHROFF
(Expert) 11 December 2013
Ur advocate advise is correct.
As all recd summon, You must file ur "WS"
to DV;
If sec 23 Interim relief involved, it will come up for hearing, u must file ur "SAY"
If u want to delay further, ur 2 sisters can apply to grant time ti file their WS/ SAY/ Appointment of Advocate. /
I suggest husband to Apply for keeping the matter for Marriage Councillor/ Mediator, with hope to re-unite, to live together. It will serve the purpose of filing RCR, as far as DV case is concerned.
If wife is working, u can defend Mtn/ residence prayer.
Rest depends upon plan of your Advocate for your defence.
Instead of increasing number of cases, / Litigation,/ bitterness/ waste of time/ unrest/ Finish off with settlement & enjoy life either way.. peacefully, tension free./
Otherwise Husband is always as looser's end , either in DV , or in RCR.
RCR is useless, as not effective, costly, if she have to attend court far distance, hus to pay travelling etc+ can demand mtn pending litigation+ cost of litig
